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90_HB3157 55 ILCS 5/5-12001 from Ch. 34, par. 5-12001 Amends the Counties Code concerning the authority to regulate the location and use of structures. Provides that a county board may regulate a livestock management facility or a livestock waste handling facility raising or serving in total confinement more than 500 animal units as these terms are defined by the Livestock Management Facilities Act. Makes a technical change. Effective immediately. LRB9010398PTmb LRB9010398PTmb 1 AN ACT to amend the Counties Code by changing Section 2 5-12001. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Counties Code is amended by changing 6 Section 5-12001 as follows: 7 (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001) 8 Sec. 5-12001. Authority to regulate and restrict 9 location and use of structures. 10 (a) For the purpose of promoting the public health, 11 safety, morals, comfort and general welfare, conserving the 12 values of property throughout the county, lessening or 13 avoiding congestion in the public streets and highways, and 14 lessening or avoiding the hazards to persons and damage to 15 property resulting from the accumulation or runoff of storm 16 or flood waters, the county board or board of county 17 commissioners, as the case may be, of each county, shall have 18 the power to regulate and restrict the location and use of 19 buildings, structures and land for trade, industry, residence 20 and other uses which may be specified by such board, to 21 regulate and restrict the intensity of such uses, to 22 establish building or setback lines on or along any street, 23 trafficway, drive, parkway or storm or floodwater runoff 24 channel or basin outside the limits of cities, villages and 25 incorporated towns which have in effect municipal zoning 26 ordinances; to divide the entire county outside the limits of 27 such cities, villages and incorporated towns into districts 28 of such number, shape, area and of such different classes, 29 according to the use of land and buildings, the intensity of 30 such use (including height of buildings and structures and 31 surrounding open space) and other classification as may be -2- LRB9010398PTmb 1 deemed best suited to carry out the purposes of this 2 Division; to prohibit uses, buildings or structures 3 incompatible with the character of such districts 4 respectively; and to prevent additions to and alteration or 5 remodeling of existing buildings or structures in such a way 6 as to avoid the restrictions and limitations lawfully imposed 7 hereunder: Provided, that permits with respect to the 8 erection, maintenance, repair, alteration, remodeling or 9 extension of buildings or structures used or to be used for 10 agricultural purposes shall be issued free of any charge. 11 The corporate authorities of the county may by ordinance 12 require the construction of fences around or protective 13 covers over previously constructed artificial basins of water 14 dug in the ground and used for swimming or wading, which are 15 located on private residential property and intended for the 16 use of the owner and guests. In all ordinances or 17 resolutions passed under the authority of this Division, due 18 allowance shall be made for existing conditions, the 19 conservation of property values, the directions of building 20 development to the best advantage of the entire county, and 21 the uses to which property is devoted at the time of the 22 enactment of any such ordinance or resolution. 23 (b) The powers by this Division given shall: 24 (1) not be exercised so as to deprive the owner of 25 any existing property of its use or maintenance for the 26 purpose to which it is then lawfully devoted; 27 (2) nor shall they be exercised so as to impose 28 regulations or require permits with respect to land used 29 for agricultural purposes, which includes the growing of 30 farm crops, truck garden crops, animal and poultry 31 husbandry, apiculture, aquaculture, dairying, 32 floriculture, horticulture, nurseries, tree farms, sod 33 farms, pasturage, viticulture, and wholesale greenhouses 34 when such agricultural purposes constitute the principal -3- LRB9010398PTmb 1 activity on the land, other than parcels of land 2 consisting of less than 5 acres from which $1,000 or less 3 of agricultural products were sold in any calendar year 4 in counties with a population between 300,000 and 400,000 5 or in counties contiguous to a county with a population 6 between 300,000 and 400,000, and other than parcels of 7 land consisting of less than 5 acres in counties with a 8 population in excess of 400,000, or with respect to the 9 erection, maintenance, repair, alteration, remodeling or 10 extension of buildings or structures used or to be used 11 for agricultural purposes upon such land except that such 12 buildings or structures for agricultural purposes may be 13 required to conform to building or set back lines and 14 counties may establish a minimum lot size for residences 15 on land used for agricultural purposes; 16 (A) In this Division, "agricultural purposes" 17 include, without limitation, the growing, 18 developing, processing, conditioning, or selling of 19 hybrid seed corn, seed beans, seed oats, or other 20 farm seeds. 21 (B) As used in this Act, "agricultural 22 purposes" do not include (i) the extraction of sand, 23 gravel, or limestone or (ii) the raising or serving 24 in total confinement of more than 500 animal units 25 by a livestock management facility or livestock 26 waste handling facility as these terms are defined 27 respectively in Sections 10.10, 10.30, and 10.40 of 28 the Livestock Management Facilities Act; and these 29 activities may be regulated by county zoning 30 ordinance even when the activities are related to an 31 agricultural purpose. 32 (3) nor shall any such powers be so exercised as to 33 prohibit the temporary use of land for the installation, 34 maintenance and operation of facilities used by -4- LRB9010398PTmb 1 contractors in the ordinary course of construction 2 activities, except that such facilities may be required 3 to be located not less than 1,000 feet from any building 4 used for residential purposes, and except that the period 5 of such temporary use shall not exceed the duration of 6 the construction contract; 7 (4) nor shall any such powers include the right to 8 specify or regulate the type or location of any poles, 9 towers, wires, cables, conduits, vaults, laterals or any 10 other similar distributing equipment of a public utility 11 as defined in the Public utilities Act, if the public 12 utility is subject to the Messages Tax Act, the Gas 13 Revenue Tax Act or the Public Utilities Revenue Act, or 14 if such facilities or equipment are located on any rights 15 of way and are used for railroad purposes, nor shall any 16 such powers be exercised in any respect as to the 17 facilities, as defined in Section 5-12001.1, of a 18 telecommunications carrier, as also defined therein, 19 except to the extent and in the manner set forth in 20 Section 5-12001.1.
As used in this Act, "agricultural21 purposes" do not include the extraction of sand, gravel22 or limestone, and such activities may be regulated by23 county zoning ordinance even when such activities are24 related to an agricultural purpose.25 (c) Nothing in this Division shall be construed to 26 restrict the powers granted by statute to cities, villages 27 and incorporated towns as to territory contiguous to but 28 outside of the limits of such cities, villages and 29 incorporated towns. Any zoning ordinance enacted by a city, 30 village or incorporated town shall supersede, with respect to 31 territory within the corporate limits of the municipality, 32 any county zoning plan otherwise applicable. The powers 33 granted to counties by this Division shall be treated as in 34 addition to powers conferred by statute to control or approve -5- LRB9010398PTmb 1 maps, plats or subdivisions. 2 In this Division, "agricultural purposes" include,3 without limitation, the growing, developing, processing,4 conditioning, or selling of hybrid seed corn, seed beans,5 seed oats, or other farm seeds.6 Nothing in this Division shall be construed to prohibit 7 the corporate authorities of a county from adopting an 8 ordinance that exempts pleasure driveways or park districts, 9 as defined in the Park District Code, with a population of 10 greater than 100,000, from the exercise of the county's 11 powers under this Division. 12 (Source: P.A. 89-654, eff. 8-14-96; 90-261, eff. 1-1-98; 13 90-522, eff. 1-1-98; revised 11-4-97.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.
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